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HomeMy WebLinkAbout2020-81 - Supporting Proposition 20, the "Reducing Crime and Keeping California Safe Act”RESOLUTION NO. 2020-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING PROPOSITION 20, THE "REDUCING CRIME AND KEEPING CALIFORNIA SAFE ACT" WHEREAS, protecting every person in our state, including our most vulnerable children, from violent crime is of the utmost importance; WHEREAS, recent changes to parole laws allow the early release of dangerous criminals by failing to define certain crimes as violent crimes; WHEREAS, such changes allow individuals convicted of crimes such sex trafficking, rape, felony assault with a deadly weapon, battery on a police officer or firefighter, and felony domestic violence to be considered "nonviolent offenders;" WHEREAS, such offenders are eligible for early release from prison after serving only a fraction of the sentence ordered by a judge; WHEREAS, such offenders may remain free despite committing additional crimes or violating the terms of their post release community supervision, such as the gang member charged with the murder of Whittier Police Officer, Keith Boyer; WHEREAS, a total of 33 of the state's 58 counties saw increases in their violent crime rates in 2017; WHEREAS, California Proposition 20, Criminal Sentencing, Parole, and DNA Collection Initiative (2020), titled the Reducing Crime and Keeping California Safe Act of 2018 (the "ACT"), reforms California law so that felons who violate the terms of their release can be brought back to court and held accountable for such violations; WHEREAS, the ACT is not intended to create additional "strike" offenses which could increase state prison populations, nor is the ACT intended to affect the ability of the California Department of Corrections and Rehabilitation to award educational and merit credits; WHEREAS, recent changes to California law allow individuals who commit theft crimes to face fewer consequences, regardless of existing criminal records, and regardless of how many times they are convicted of theft crimes; Resolution No. 2020-81 Page 2 of 4 WHEREAS, grocery store operators have seen unprecedented increases in the amount of losses associated with shoplifting, with some reporting up to 150% increase in losses; WHEREAS, shoplifting incidents have escalated in a manner that has endangered innocent customers and employees; WHEREAS, since 2014, the total value of stolen property has increased every year; WHEREAS, in 2018, the total value of stolen property in California was 32% higher than the total in 2014; WHEREAS, recent changes to California law have reduced the remedies available to the judicial system to address repeat offenders of theft crimes; WHEREAS, the ACT will strengthen California laws against theft crime recidivism; WHEREAS, collecting DNA is an essential tool of law enforcement to solve violent crimes; WHEREAS, peer-reviewed studies have shown that DNA collection makes violent offenders statistically less likely to reoffend; WHEREAS, the collection of DNA samples will help law enforcement identify suspects, eliminate investigation and prosecution of the innocent, and free the wrongly convicted; WHEREAS, recently enacted restrictions on DNA collection have significantly reduced law enforcement efforts to solve cold cases for violent crimes such as murder, rape, and robbery; WHEREAS, DNA collected in 2015 from a convicted sex offender was instrumental in helping law enforcement solve the investigation of the rape and murder of two children that occurred three decades ago in Los Angeles County; WHEREAS, DNA collected in 2016 from an individual caught driving a stolen car was instrumental in helping law enforcement solve the investigation of the 2012 San Francisco Bay Area rape and murder of an elderly woman; Resolution No. 2020-81 Page 3 of 4 WHEREAS, recent changes to California law unintentionally eliminated DNA collection for theft and drug crimes; WHEREAS, the ACT restores DNA collection from persons convicted for such offenses; and WHEREAS, the ACT does not affect existing legal safeguards that protect the privacy of individuals because the ACT allows for the removal of a DNA profile if a person is not charged with a crime, is acquitted, or is found innocent. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby support California Proposition 20, Criminal Sentencing, Parole, and DNA Collection Initiative (2020), titled the Reducing Crime and Keeping California Safe Act of 2018. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2020-81 Page 4 of 4 Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 22nd day of September, 2020. -EW P67 ATTEST: 0� Leilani I. Brown City Clerk oRN APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE aron C. Harp City Attorney �r MayorWill O'Neill STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2020-81, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 22nd day of September, 2020; and the same was so passed and adopted by the following vote, to wit.- AYES: it: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of September, 2020. Leilani I. Brown City Clerk Newport Beach, California